Chapter 25

282-25.1(272) Scope of standards
This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in IOWA CODE chapter 272.  The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

 

282-25.2(272) Definitions.
except where otherwise specifically defined by law:
“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.
“Board” means the Iowa board of educational examiners.
“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.
“Ethics” means a set of principles governing the conduct of all persons governed by these rules.
“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.
“License” means any license, certificate, or authorization granted by the board.
“Licensee” means any person holding a license, certificate, or authorization granted by the board.
“Practitioner” means an administrator, teacher, or other school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization issued by the board.
“Responsibility” means a duty for which a person is accountable by virtue of licensure.
“Right” means a power, privilege, or immunity secured to a person by law.
“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school who is receiving direct or indirect assistance from a person licensed by the board.
“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

 

282-25.3(272) Standards of professional conduct and ethics.
Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board.  In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

 

25.3(1) Standard I – conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse.  Violation of this standard includes:
Fraud.  Fraud in the procurement or renewal of a practitioner’s license.
Criminal convictions.  The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, provided that the offense is relevant to or affects teaching or administrative performance.
(1)  Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:
1.  Any of the following forcible felonies included in IOWA CODE section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
2.  Any of the following criminal sexual offenses, as provided by IOWA CODE chapter 709, involving a child:

• First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
• Lascivious acts with a child;
• Detention in a brothel
• Assault with intent to commit sexual abuse;
• Indecent contact with a child;
• Sexual exploitation by a counselor;
• Lascivious conduct with a minor; or
• Sexual exploitation by a school employee;

3.  Incest involving a child as prohibited by IOWA CODE section 726.2;
4.  Dissemination and exhibition of obscene material to minors as prohibited by IOWA CODE section 728.2; or
5.  Telephone dissemination of obscene material to minors as prohibited by IOWA CODE section 728.15.
(2)  Other criminal convictions and founded child abuse.  In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1) “b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:
1.  The nature and seriousness of the crime or founded abuse in relation to the position sought;
2.  The time elapsed since the crime or founded abuse was committed;
3.  The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
4.  The likelihood that the person will commit the same crime or abuse again;
5.  The number of criminal convictions or founded abuses committed; and
6.  Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
c.  Sexual involvement or indecent contact with a student.  Sexual involvement includes, but is not limited to, the following acts, whether consensual or non consensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student;                   permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in IOWA CODE section 702.17.
d. Sexual exploitation of a minor.   The commission of or any conviction for an offense prohibited by IOWA CODE section 728.12, IOWA CODE chapter  709 or 18 U.S.C. Section 2252A(a)(5)(B).
e. Student abuse.  Licensees shall maintain professional relationships with all students, both inside and outside the classroom.  The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

1. Committing any act of physical abuse of a student;
2. Committing any act of dependent adult abuse on a dependent adult student;
3. Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
4. Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
5. Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee; or
6. Failing to report any suspected act of child or dependent adult abuse as required by state law.

 

25.3(2)  Standard II—alcohol or drug abuse.  Violation of this standard includes:

1. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.
2. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

 

25.3(3)  Standard III-misrepresentation, falsification of information.  Violation of this standard includes:

1. Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff
2. development credit, degrees, academic award, or employment history when applying for employment or licensure.
3. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
4. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
5. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 17.
6. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

 

25.3(4)  Standard IV – misuse of public funds and property. Violation of this standard includes:

1. Failing to account properly for funds that were entrusted to the practitioner in an educational context.
2. Converting public property or funds to the personal use of the practitioner.
3. Submitting fraudulent requests for reimbursement of expenses or for pay.
4. Combining public or school-related funds with personal funds.
5. Failing to use time or funds granted for the purpose for which they were intended.

 

25.3(5)  Standard V – violations of contractual obligations.
a.  Violation of this standard included:
(1)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.
(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.
(3) Abandoning a written professional employment contract without prior unconditional release by the employer.
(4)   As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.
(5)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.
b.  In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control.  For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:
(1) The practitioner obtained a release from the employing board before discontinuing services under the contract; or
(2)  The practitioner provided notice to the employing board no later than latest following dates:
The practitioner’s last work day of the school year’;
The date set for return of the contract as specified in statue; or June 30.

 

25.3(6)      Standard VI – unethical practice toward other members of the profession, parents, students, and the community.  Violation of this standard includes:
    a.  Denying the student, without just cause, access to varying points of view.
    b.   Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
    c.  Failing to make a reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
    d.  Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
    e.  Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, color, religion age, sex, disability, marital status, national origin, or membership in a definable minority.
    f.  Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
    g.  Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
    h.  Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.
    i.  Refusing to participate in a professional inquiry when requested by the board.
    j.  Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
    k.  Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)”b”(1) which requires revocation of the practitioner’s license.
    l.   Delegating tasks to unqualified personnel.
    m. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
    n.  Allowing another person to use one’s practitioner license for any purpose.
    o.  Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
    p.  Falsifying, forging, or altering a license issued by the board.
    q.  Failure of the practitioner holding a contract under IOWA CODE section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
    r.  Failure of a school official responsible for assigning licensed practitioners holding contracts under IOWA CODE section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

 

25.3(7)  Standard VII – compliance with state law governing student loan obligations and child support obligations.  Violations of this standard include:
    a. Failing to comply with 282 – Chapter 9 concerning repayment of student loans.
    b. Failing to comply with 282 – Chapter 10 concerning child support obligations.

 

25.3(8)  Standard VII – incompetence.  Violation of this standard includes, but is not limited to:
    a.   Willfully or repeatedly departing from or failing to conform to the minimum
           standards of acceptable and prevailing educational practice in the state of Iowa.
    b.  Willfully or repeatedly failing to practice with reasonable skill and safety.

 

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

Chapter 26

282—26.1(272) Purpose.  The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction.  The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities.  Accordingly, the board recognizes the following right and responsibilities of all educators licensed under IOWA CODE chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

282—26.2(272) Rights.  Educators licensed under IOWA CODE chapter 272 have the following rights:

1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.
2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
3. The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

 

282—26.3(272)  Responsibilities.  Educators licensed under IOWA CODE chapter 272 have the following responsibilities:

1. The educator has a responsibility to maintain and improve the educator’s professional competence.
2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
4. The educator shall protect students from conditions harmful to learning or to health or safety.
5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.
6. The educator shall not use professional relationships with students for personal advantage.
7. The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
8. The educator shall accord just and equitable treatment to all members of the profession.
9. The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the IOWA ADMINISTRATIVE CODE and which are necessary to ensure the safety and well being of the student.
11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.
12. The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.
13. The educator shall not refuse to participate in a professional inquiry, when requested by the board.
14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student parent, educator or citizen.
15. The educator shall not delegate assigned tasks to unqualified personnel.

 

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program.  In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials.  This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources.  Employees and board members must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including termination of employment.  Board members may lose access to laptop computers and other technology owned by the district.

 

General Provisions

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources.  The school district will make every reasonable effort to maintain the security of the system.  All users of the school district’s computer resources, including students, staff, board members, and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities.  Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.

Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility.  All information on the school district’s computer system is considered a public record.  Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis.  Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including websites visited.  The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information.  The procedures will address:

• passwords,
• system administration
• separation of duties
• remote access
• data back-up (including archiving of email)
• record retention
• disaster recovery plans

 

Social Networking or Other External Websites

For purposes of this policy any website, other than the school district website or school district sanctioned websites, are considered external websites.  Employees and board members shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external website without consent of the superintendent.  The employee and board member shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external websites.  Employees and board members shall not use the school district logos, images, iconography, etc., on external websites.  Employees, board members, students, and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others all over the world.  Employees, students, board members, and volunteers who don’t want school administrators to know their personal information should refrain from exposing it on the Internet.  [Employees should not connect with students via external websites without consent of the superintendent.]  Employees who would like to start a social media site for school district sanctioned activities should contact the superintendent.

 

 

The use of technology in the Colo-Nesco Community Schools is a privilege extended to those individuals who wish to enhance their learning experiences.  The Local Area Network and access to the Internet and World Wide Web are the property of the Colo-Nesco Community Schools.  The “Systems Administrator” and/or building administrators may access files when deemed necessary for compliance with the Acceptable Use Policy.  All users must work within the guidelines (Acceptable Use Policies) of the Colo-Nesco Community Schools.  The authority for appropriate use of electronic Internet resources is delegated to licensed employees.  Instruction in the proper use of the Internet system will be available to employees who will then provide similar instruction to their students.  Employees and board members are expected to practice appropriate use of the Internet, and violations may result in disciplinary action up to and including termination of employment.

1. All use of the network, Internet, and World Wide Web must be in support of education and research, and must be consistent with the Acceptable Use Policy of the District.  The use of social networking sites is restricted to school business.
2. Network accounts are to be used ONLY by the authorized owners of the accounts, for authorized purposes.  Users must NOT give their account names and/or passwords to anyone else.  Users who allow others to use their account names and/or passwords may lose the privilege to use the LAN, Internet, and/or World Wide Web.
3. Users shall not seek or modify data or passwords belonging to other users, or misrepresent themselves to other users on the LAN, Internet, or World Wide Web.  Reading or using another person’s files is considered electronic “breaking and entering” and will not be tolerated.
4. All communications and information accessible via the LAN, Internet, and World Wide Web should be assumed to be public property for the educational use of the user.  The Systems Administrator and/or instructor retain the right to view and/or remove information located on, or procured by, the LAN, Internet, or World Wide Web.
5. No use of the LAN, Internet, or World Wide Web shall serve to disrupt the use of the network by others; no hardware or software shall be modified, abused, or destroyed.
6. Use of the LAN, Internet, or World Wide Web to develop or use programs or activities that harass other users, and/or the infiltration of a computer or computing system and/or damaging the software components of a computer or computing system is prohibited.  Computer “hacking” and other unlawful activities will not be tolerated.
7. Harassment, discriminatory remarks and/or any other disrespectful behavior are prohibited on the LAN, Internet, or World Wide Web.
8. The use of the LAN, Internet, or World Wide Web to access or process materials that are threatening, prejudicial, obscene, abusive, demeaning, racially offensive, profane, illegal, promote substance use, contain child pornography, harmful to minors, other inappropriate files, or files dangerous to the integrity of the LAN, Internet, or World Wide Web is prohibited.
9. The LAN, Internet, or World Wide Web will not be used for the use, disclosure, or dissemination of non-educational personal information regarding minors.
10. The installation of ANY non-school-owned hardware or licensed software on the district network or school-owned computers is prohibited.
11. The District is not responsible for employees’ mistakes or negligence, costs incurred by employees for non-school purposes, or the accuracy or quality of information found on the Internet.

I, the undersigned have read, understand, and agree to abide by the Acceptable Use Policies of the Colo-Nesco Community Schools’ Local Area Network and access to the Internet and World Wide Web.

User Signature___________________________________________ Date____________________